Matheson’s technology and IP law blog

EU Committee votes in favour of data protection regulation

October 29th, 2013


After a broad consensus was reached between EU political parties, the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (“LIBE”) has voted overwhelmingly in favour of a draft data protection regulation (the “Regulation”), which means the Regulation will move on to the next stage in the legislative process. The EU Parliament now has a mandate for negotiations with the Council and will work towards reaching a common agreement. The LIBE draft, which will form the basis of those… Read more…

Working Party issues guidance on binding corporate rules for processors

October 24th, 2013


Following its launch of processor binding corporate rules (“BCRs”) on 1 January 2013, the Article 29 Working Party (the “Working Party”), the independent body set up under the European Data Protection Directive to advise on the protection of individuals with regard to the processing of personal data, published an explanatory document on 19 April 2013. Controller BCRs became an increasingly succesful method of guaranteeing safeguards to personal data in a global context in the almost ten years since their adoption,… Read more…

OECD revises guidelines governing the protection of privacy and transborder flows of personal data

October 17th, 2013


In the first update of its 1980 Recommendation Concerning Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data (“Guidelines”), the Organisation for Economic Co-operation and Development (the “OECD”) released a revised version of the Guidelines on 11 July 2013. The Guidelines were internationally recognised and formed the basis for much of the data protection legislation in the EU, US and Asia. The revision was made to take into account technological advancements and the increased importance of personal data… Read more…

Irish Data Protection Commissioner and US Federal Trade Commission sign Memorandum of Understanding

October 11th, 2013


At a time of increased tension between the EU and US regarding data protection, the Irish Data Protection Commissioner and the US Federal Trade Commission have signed a Memorandum of Understanding (“MOU”) to support international cooperation between the two bodies on data protection matters.  The MOU, which has no binding legal effect, commits both bodies to use their best efforts to share information, assist in investigations relating to the common elements of their respective data protection laws, and cooperate in… Read more…

Forum shopping for online copyright infringement: The CJEU says “Yes!”

October 8th, 2013


The CJEU delivered its much anticipated judgment in Case C 170/12 Pinckney v KDG Mediatech AG on 3 October. The judgment follows a reference from the French Court of Cassation asking whether a French court has jurisdiction in circumstances where the Plaintiff alleges that the Defendant infringed his copyright by transferring his songs onto CDs and allowing these CDs to be marketed online by two UK companies. Jurisdiction between EU Member states is regulated by Council Regulation (EC) No 22/2001… Read more…